Access To Information Act

PROMOTION OF ACCESS TO INFORMATION ACT

SECTION 51 MANUAL

FOR BERRICK TRADING (PTY) LTD T/A BERRICK TRADING

Registration number: 2006/006644/07

and any subsidiaries

1. Introduction
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000. The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.
Berrick Trading (Pty) Ltd T/A Berrick Trading (“Berrick Trading”) is a private body as defined in the Act, and this Manual contains the information specified in Section 51(1) of the Act, which is applicable to such a private body.
The aim of this Manual is to assist Requestors in requesting access to information from Berrick Trading as contemplated in the Act.
This Manual may be amended from time to time, and once amendments have been affected, the latest version of this Manual will be distributed and published in accordance with the Act.
A Requestor is welcome to contact Berrick Trading’s Group Information Officer (see contact details below) should he/she require any assistance with the use or content of this Manual.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

2. Definitions
Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely: –
• “Act” means the Promotion of Access to Information Act No. 2 of 2000, as amended from time to time;
• “Data Subjects” means the person to whom personal information relates;
• “Group Information Officer” means the person acting on behalf of Berrick Trading and discharging the duties and responsibilities assigned to the head of Berrick Trading by the Act. The Group Information Officer is duly authorized to act as such, and such authorisation has been confirmed by the head of Berrick Trading in writing;
• “Manual” means this manual published in compliance with Section 51 of the Act;
• “Berrick Trading” means Berrick Trading group of companies, comprising of Berrick Trading (Pty) Ltd and its South African subsidiaries and associated companies and entities;
• “Berrick Trading” means Berrick Trading (Pty) Ltd, a company registered in terms of the laws of the Republic of South Africa under registration number 2006/006644/07 and its subsidiaries;
• “Minister” means the cabinet member responsible for the administration of justice;
• “Personnel” means any person who works for or provides services to or on behalf of Berrick Trading and receives or is entitled to receive any remuneration. This includes, without limitation, directors (both executive and non-executive), all permanent, temporary and part-time staff as well as contract workers;
• “POPIA” means the Protection of Personal Information Act 4 of 2013;
• “Record” means any recorded information, regardless of form or medium, which is in the possession or under the control of Berrick Trading, irrespective of whether it was created by Berrick Trading;
• “Request” means a request for access to a Record of Berrick Trading;
• “Requestor” means any person, including a public body or an official thereof, making a Request for access to a Record of Berrick Trading and includes any person acting on behalf of that person;
• “SAHRC” means the South African Human Rights Commission.
Unless a contrary intention clearly appears, words signifying:-
• the singular includes the plural and vice versa;
• any one gender includes the other genders and vice versa; and
• natural persons include juristic persons.
Terms defined in the Act shall have the same meaning in this Manual.

3. Contact Details
The Group Information Officer of Berrick Trading is the person to whom Requests for access to Records should be addressed. The Information Officer may appoint, where it is deemed necessary, Deputy Information Officers, as allowed in terms of section 17 of the Act as well as section 56 of the POPIA. This is in order to render Berrick Trading as accessible as is reasonably possible for requesters of its records and to ensure fulfilment of its obligations and responsibilities as prescribed in terms of section 55 of the POPIA. All requests for information in terms of this Act must be addressed to the Information Officer. The Group Information Officer’s contact details are listed below:

Name of Private Berrick Trading (Pty) Ltd T/A Berrick Trading
Postal Address P O Box 722, Maraisburg, 1700
Street Address Unit 7a, Knightsgate Industrial Park, Cnr Refinery Road & Jack Street, Jonas Crescent, Germiston, Gauteng, 1401, South Africa
Phone number 010 978 2656
Fax number N/A
Group Information Officer Maryka van Zyl
Email of Group Information Officer maryka@berricktrading.co.za
Telephone Number 010 978 2656

4. How to Access the Guide as Described in Section 10 of the Act The SAHRC has, in terms of Section 10 of the Act, published a Guide to assist persons wishing to exercise any right in terms of the Act. The Guide may be obtained from the SAHRC or on its website (http://www.sahrc.org.za). Or http://www.sahrc.org.za/home/21/files/Section%2010%20guide%202014.pdf
Please direct any queries to: The South African Human Rights Commission PAIA Unit The Research and Documentation Department Postal address: Private Bag X2700 Houghton 2041 Telephone: +27 11 484-8300
Fax: +27 11 484-0582 Website: www.sahrc.org.za E-mail: paia@sahrc.org.za

5. How to Request Access to Records Held by Berrick Trading Should you wish to make a request to access Records held by Berrick Trading in terms of Section 50 of the Act, please click on the following link:
http://www.berricktrading.co.za/privacycentre/recordsrequest Berrick Trading is required to inform a Requestor in writing of its decision in relation to a Request within 30 days after acknowledging receipt of the Request. If the Requestor wishes to be informed of Berrick Trading’s decision in another manner as well, this must be set out in the Request and the relevant details included, allowing Berrick Trading to inform the Requestor in the preferred manner.

6. Request From Data Subjects POPIA provides that a Data Subject may, upon proof of identity, request Berrick Trading to confirm, free of charge, all the information it holds about the Data Subject. POPIA provides that a Data Subject may object, at any time, to the processing of personal information by Berrick Trading, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. A Data Subject may also request Berrick Trading to correct or delete personal information about the Data Subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that Berrick Trading is no longer authorized to retain in terms of POPIA's retention and restriction of records provisions. If a Data Subject wishes to access and/or change and/or delete any of its personal information, please click on the following link:
http://www.berricktrading.co.za/privacycentre/recordsrequest

7. Fees Payable The list detailing the prescribed fees payable to Berrick Trading in respect of Requests and the fees in respect of access to Records (if the Request is granted) is attached as Annexure 2. Kindly note that all Requests to Berrick Trading will be evaluated and considered in accordance with the Act. Publication of this Manual and describing the categories and subject matter of information held by Berrick Trading does not give rise to any rights (in contract or otherwise) to access such information or Records except in terms of the Act.

8. Grounds of Refusal of Access Berrick Trading may, and must in certain instances, refuse access to Records on any of the grounds set out in Chapter 4 of Part 3 of the Act.
The main grounds for Berrick Trading to refuse a request for information relates to the:
a. mandatory protection of the privacy of a third party who is a natural person or a deceased person (section 63) or a juristic person, as included in the POPIA, which would involve the unreasonable disclosure of Personal Information of that natural or juristic person;
b. mandatory protection of Personal Information and for disclosure of any Personal Information to, in addition to any other legislative, regulatory or contractual agreements, comply with the provisions of the POPIA;
c. mandatory protection of the commercial information of a third party (section 64) if the record contains:
• trade secrets of the third party;
• financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
• information disclosed in confidence by a third party to Berrick Trading, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
d. mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
e. mandatory protection of the safety of individuals and the protection of property;
f. mandatory protection of records which would be regarded as privileged in legal proceedings.
The main grounds for Berrick Trading to refuse a request for information relates to the:
i. trade secrets of Berrick Trading;
ii. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Berrick Trading;
iii. information which, if disclosed could put Berrick Trading at a disadvantage in negotiations or commercial competition;
iv. a computer program which is owned by Berrick Trading, and which is protected by copyright;
v. the research information of Berrick Trading or a third party, if its disclosure would disclose the identity of Berrick Trading, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
All Requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
If a requested Record cannot be found or if the Record does not exist, the Information Officer shall, by way of an affidavit or affirmation, notify the Requestor that it is not possible to give access to the requested Record. Such a notice will be regarded as a decision to refuse a Request for access to the Record concerned for the purpose of the Act. If the Record should later be found, the Requestor shall be given access to the Record in the manner stipulated by the Requestor in the prescribed form, unless the Information Officer refuses access to such Record.

9. Voluntary Disclosure No notice has been published in terms of Section 52(2) of the Act. However, certain information is freely available at Berrick Trading on its website at www.berricktrading.co.za Brochures are mailed to customers, inserted into newspapers and other publications and made available in stores. Certain information is also made available to employees of Berrick Trading, which is not generally made available to the public. To avoid confusion, these items of information are not listed here but may be obtained by Berrick Trading employees from its HR office.

10. Categories of Requestors The capacity under which a Requestor makes a request for records defines the category in which the Requestor will fall into. There are four categories of Requestors:
a. A Data Subject who makes requests about themselves;
b. A representative who makes a request on behalf of the Data Subject(s);
c. A third party who requests information about a Data Subject; or
d. A public body who requests information in the public interest.

11. Records Available in Terms of Any Other Legislation Information is retained in terms of the following legislation and is usually available only to the persons or entities specified in such legislation. The legislation includes, but is not limited to, the following:
1. Basic Conditions of Employment Act No. 75 of 1997;
2. Broad-Based Economic Empowerment Act No. 53 of 2003;
3. Companies Act No. 61 of 1973 (repealed save for chapter 14);
4. Companies Act, No. 71 of 2008;
5. Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993;
6. Competition Act No. 89 of 1998;
7. Consumer Affairs (Unfair Business Practices Act), 71 of 1988;
8. Consumer Protection Act No. 68 of 2008;
9. Copyright Act No. 98 of 1978
10. Customs and Excise Amendment Act, 45 of 1995;
11. Debt Collectors Act, No. 114 of 1998;
12. Deeds Registries Act No. 47 of 1937;
13. Electronic Communications and Transactions Act No. 25 of 2002;
14. Employment Equity Act No. 55 of 1998;
15. Financial Intelligence Centre Act No. 38 of 2001;
16. Hazardous Substances Act No. 15 of 1973;
17. Income Tax Act No. 58 of 1962;
18. Insider Trading Act No. 135 of 1998;
19. Labour Relations Act No. 66 of 1995;
20. Liquor Act No. 59 of 2003;
21. Liquor Products No. 60 of 1989;
22. Manpower Training Act No. 56 of 1981;
23. Medicines and Related Substances Control Act No. 101 of 1965;
24. National Credit Act, No. 34 of 2005;
25. National Environment Management Act No. 107 of 1998;
26. Pension Funds Act No. 24 of 1956 Tax on Retirement Funds Act No. 38 of 1996
27. Prevention of Combating of Corrupt Activities Act No. 12 of 2004;
28. Prevention of Organised Crime Act No. 121 of 1998;
29. Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000;
30. Protected Disclosures Act No. 26 of 2000;
31. Protection of Personal Information Act, No. 4 of 2013;
32. Regulation of Interception of Communications and Provision of Communications Related Information Act No. 70 of 2002.
33. Skills Development Act No. 97 of 1998;
34. Skills Development Levies Act No. 9 of 1999;
35. South African Revenue Services Act, 34 of 1997;
36. The Atmospheric Pollution Prevention Act No. 45 of 1965;
37. The Compensation for Occupational Injuries and Diseases Act No. 130 of 1993;
38. The Constitution of the Republic of South Africa No.3 of 1994;
39. The Health Act No. 63 of 1977;
40. The Medical Schemes Act No. 131 of 1998;
41. The Occupational Health and Safety Act No. 85 of 1993;
42. The Value-Added Tax Act No. 89 of 1991;
43. Tobacco Products Control Act No. 83 of 1993;
44. Trade Marks Act No. 194 of 1993;
45. Unemployment Insurance Contributions Act No. 4 of 2002;
46. Unemployment Insurance Act No. 63 of 2001;
47. Value Added Tax Act, No. 89 of 1991.
*Although we have used our best endeavours to supply a list of applicable legislation, it is possible that this list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a Requester access on a basis other than as set out in PAIA, we shall update the list accordingly. If a Requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.
Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to Request access thereto in terms of the Act.

12. Records Held by Berrick Trading We maintain Records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a Request for access to such Records would be honoured. In particular, certain grounds of refusal as set out in the Act may be applicable to a Request for such Records. All Requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
a. Company Records
• Documents of Incorporation;
• Memorandum and Articles of Association;
• Necessary certificates in terms of the Companies Act 71 of 2008;
• Share registers and other statutory registers;
• Names of directors;
• Minutes of meeting of committees and sub-committees;
• Operational Records;
• Company policies and directives;
• Intellectual property;
• Marketing Records;
• Legal Records;
• Internal correspondence;
• Statutory Records;
• Internal policies and procedures;
• Records held by officials of Berrick Trading.
b. Financial records
• Financial Records and reports;
• Accounting Records;
• Audit Records and reports;
• Debtors Records;
• Tax returns;
• Banking Records;
• Financial policies and procedures;
• Risk management Records;
• Management accounts and Records;
• Purchase and order Records;
• General correspondence.
c. Personnel Records
• A list of Berrick Trading’s Personnel;
• Any personal Records provided to Berrick Trading by its Personnel;
• Any Records a third party has provided to Berrick Trading about any of its Personnel;
• Conditions of employment and other Personnel-related contractual and quasi-legal Records;
• Internal evaluation Records;
• Skills plans;
• Disciplinary Records;
• Termination Payments;
• Employment Equity Plans of Berrick Trading;
• Employee Tax information;
• Training schedules and manuals;
• Payroll Records;
• Pension and Provident Fund Records;
• Internal policies and procedures;
• General correspondence;
• Other internal Records and correspondence;
• BEE plans of Berrick Trading.
d. Customer Related Records
• Any Records a customer has provided to Berrick Trading or a third party acting for or on behalf of Berrick Trading;
• Any credit Records or other research conducted by Berrick Trading in respect of its customers or research derived by Berrick Trading from its customers and their activities;
• Any Records a third party has provided to Berrick Trading either directly or indirectly;
• Records generated by or within Berrick Trading pertaining to the customer, including transactional Records.
e. Information Technology
• Computer software;
• IT technology capabilities;
• Support and maintenance agreements;
• Records regarding computer systems;
• Programs including software license agreements;
• IT policies and procedures;
• Network Diagrams;
• Configuration setups;
• Systems and user manuals;
• Asset register for IT-related material;
• System Performance Records;
• General correspondence.
f. Insurance Records
• Insurance Policies taken for the benefit of Berrick Trading and its employees;
• Licenses. Material permits, consents, approvals, authorizations and certificates;
• Applications for permits, licenses, etc.;
• Registrations and declarations of permits.
g. Other Parties Records are kept in respect of other parties, including without limitation contractors, Commercial Banks, auditors and consultants, suppliers, joint venture companies and service providers, and general market conditions. In addition, such other parties may possess Records which can be said to belong to Berrick Trading. The following Records fall under this category:
• Personnel, customer, or Berrick Trading Records which are held by another party as opposed to being held by Berrick Trading; and
• Records held by Berrick Trading pertaining to other parties, including financial Records, correspondence, contractual Records, Records provided by the other party, and Records third parties have provided about the contractors or suppliers.
h. Other Records Further Records are held including:
• Information relating to Berrick Trading’s own commercial activities; and
• Research information belonging to Berrick Trading or carried out on behalf of a third party.

13. Information Available in Terms of POPIA
a. Categories of personal information collected by Berrick Trading Berrick Trading may collect information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
• information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
• information relating to the education or the medical, financial, criminal or employment history of the person;
• any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
• the biometric information of the person;
• the personal opinions, views or preferences of the person;
• correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
• the views or opinions of another individual about the person; and
• the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person. referred to as “Personal Information”
b. The Purpose of Processing Personal Information In terms of POPIA, data must be processed for a specified purpose. The purpose for which data is processed by Berrick Trading will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected. In general, Personal Information is processed for purposes of transacting with customers, onboarding suppliers, service providers, service or product delivery, records management, security, employment and related matters. Please also refer to Berrick Trading’s Privacy Policy for further information.
c. Categories of Data Subjects Berrick Trading holds information and records on the following categories of Data Subjects:
• customers of Berrick Trading;
• employees / personnel of Berrick Trading;
• independent contractors of Berrick Trading;
• suppliers of Berrick Trading; and
• any third party with whom Berrick Trading conducts business.
d. Categories of Recipients to Whom Personal Information May be Supplied Depending on the nature of the Personal Information, Berrick Trading may supply information or records to the following categories of recipients:
• statutory oversight bodies, regulators or judicial commissions of enquiry making a request for data;
• any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for data or discovery in terms of the applicable rules;
• South African Revenue Services, or another similar authority;
• anyone making a successful application for access in terms of PAIA or POPIA; and
• subject to the provisions of POPIA and other relevant legislation, Berrick Trading may share information about Data Subject’s creditworthiness with any credit bureau or credit providers industry association or other association for an industry in which Berrick Trading operates.
e. Transborder Flows of Personal Information Berrick Trading may need to transfer a Data Subject's information to its related parties and service providers in countries outside South Africa, these countries may not have data protection laws which are similar to those of South Africa. Where this is done, Berrick Trading does so in accordance with the provisions of POPIA.

14. Information or Records Not Found If all reasonable steps have been taken to find a Record, and such a Record cannot be found or if the Records do not exist, then Berrick Trading will notify the Requestor, by way of an affidavit or affirmation, that it is not possible to give access to the requested Record. The affidavit or affirmation will provide a full account of all the steps taken to find the Record or to determine the existence thereof, including details of all communications by Berrick Trading with every person who conducted the search. If the Record in question should later be found, the Requestor shall be given access to the Record in the manner stipulated by the Requestor unless access is refused by Berrick Trading as permitted by the Act.
15. Information Requested About a Third Party Where any information is requested from Berrick Trading that relates to a third party, Berrick Trading is required to notify the third party of the Request. The third party has an opportunity to grant his, her or its consent to the disclosure of the Record or to make representations as to why the requested Record should not be disclosed to the Requestor. If Berrick Trading decides to grant access to the Record, it will notify the affected third party again. The third party is entitled to apply to court in relation to that decision. The court will then determine whether the Record should be disclosed by Berrick Trading or not.
16. Other Information as Prescribed The Minister has not prescribed that any further information must be contained in this Manual.
Availability of This Manual A copy of this Manual is available on our website (http://www.berricktrading.co.za/privacycentre/BERRICKTRADINGPAIAManual2021.pdf) or by sending a Request for a copy to the Group Information Officer by email. The Manual may also be inspected at our premised at the respective addresses set out above.

ANNEXURE 1

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53 (1) of the promotion of Access to Information Act No 2 of 2000) [Regulation H]

A. Particulars of Private Body
The Information Officer of Berrick Trading
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________

B. Particulars of Person Requesting Access to the Board
i. The particulars of the person who Requests access to the Records must be recorded below
ii. Furnish an address and/or fax number in the Republic of South Africa to which information must be sent
iii. Proof of the capacity in which the request is made, if applicable, must be attached.

Full Name and Surname:
________________________________________________________________________________________________________________________________

South African Identity Number:
________________________________________________________________________________________________________________________________

Postal Address:
________________________________________________________________________________________________________________________________

Telephone Number: _________________________

Fax Number: _________________________

E-Mail Address: ________________________________________________________________

Capacity in which Request is made, when on behalf of another person:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________
________________________________________________________________

C. Particulars of Person on Whose Behalf Request is Made:
This Section must be completed only if a request for information is made on behalf of another person
Full Name(s) and Surname:
________________________________________________________________________________________________________________________________

South African Identity Number:
________________________________________________________________________________________________________________________________

D. Particulars of Record
i. Provide full particulars of the Record to which access is requested, including the reference number, if that is known to you, to enable the Record to be located.
ii. If the provided space is inadequate, please continue on a separate page and attach it to this form. The Requestor must sign all the additional pages.

1. Description of the Record or relevant part of the Record: ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________

2. Reference number, if available: ________________________________________________________________________________________________________________________________

3. Any further particulars of the Record: ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________

E. Fees:
a. A Request for access to a Record, other than a Record containing personal information about yourself, will be processed only after a Request Fee has been paid.
b. You will be notified of the amount of the Request Fee.
c. The fee payable for access to a Record depends on the form in which the access is required and the reasonable time required to search for and prepare a Record.
d. If you qualify for an exemption of the payment of any fee, please state the reason therefore.
Reason for exemption of payment of the fee (if any): ________________________________________________________________________________________________________________________________

F. Form of Access to the Record: If you are prevented by a disability to read, view or listen to the Record in the form of access provided for hereunder, state your disability and indicate in which form the Record is required.

Notes:
a. Your indication as to the required form of access depends on the form in which the Record is available.
b. Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
c. The fee payable for access to the Record, if any, will be determined partly by the form in which access is requested.

Please indicate with an X where applicable

G. Particulars of Right to be Exercised or Protected: If the provided space is inadequate please continue on a separate page and attach it to this form. The Requestor must sign all the additional pages.

1. Indicate which right is to be exercised or protected: ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________

2. Explain why the requested Record is required for the exercising or protection of the abovementioned right: ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________

H. Notice of Decision Regarding Request for Access: You will be notified in writing whether you Request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your Request. How would you prefer to be informed of the decision regarding your Request for access to the Record? ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________